What if the new boss is NOT the same as the old boss?
Some people with disabilities call our agency after years of working well for one boss, only to be surprised when the new boss does not understand their workplace needs.
Here is an example. Disability Rights Nebraska received a call from a young man with autism. For 10 years, the man had worked successfully at a local grocery store in two departments. Despite his years of successful employment in those departments, the new boss moved him to a position in a different department. Unlike the old position, which included interacting with customers, many of the duties in the new position were behind the scenes. When our client asked his boss why he received different assignments, his supervisor said merely that the change was a “better fit.”
Well, the employee begged to differ. During the 10 years he had worked at the store, he occasionally received workplace accommodations. These accommodations included being given a written list of tasks and expectations at the beginning of each work shift. However, when our client requested these accommodations from the new supervisor, the employer denied them.
On our client’s behalf, a staff attorney from Disability Rights Nebraska wrote a letter to the employer and spoke with a human resources representative at the store’s corporate headquarters. In this case, our agency’s letter and telephone call sufficed to convince the supervisor to grant the accommodations. In fact, the supervisor even agreed to give our client more shifts in the departments where he formerly worked and thrived. Our client was happy with that result.
If you find yourself in a comparable situation with your employer, you may wish to request reasonable accommodations in writing under the Americans with Disabilities Act (ADA). It is often helpful to use the term reasonable accommodation or accommodations because that is the term used in the ADA.
We often refer callers with work accommodation issues to the Job Accommodation Network (JAN). JAN provides free, confidential technical assistance about job accommodations and the ADA. JAN helps individuals with disabilities explore accommodation ideas and provides practical suggestions for requesting and negotiating accommodations with an employer. JAN also provides basic information about the employment provisions of the ADA, called Title I. However, JAN cannot provide legal advice and does not have authority to enforce the law. An attorney can provide legal advice after he or she conducts legal research and makes a legal determination about a specific situation.
For answers to commonly asked ADA and accommodation process questions, visit https://askjan.org/ or call (800) 526-7234 or (877) 781-9403 TTY.
For questions about discrimination in employment based on your disability, contact Disability Rights Nebraska at 1-800-422-6691.
Molly Klocksin has worked for Disability Rights Nebraska as an Advocacy Specialist for 23 years. She monitors state facilities, such as the Lincoln Regional Center, and private assisted living facilities throughout Nebraska. Klocksin also conducts intakes, registers voters, and occasionally writes blogs. She holds a bachelor’s degree in journalism from the University of Wisconsin-Eau Claire and a master’s degree in counseling from Doane University.
